Connecticut 2019 2019 Regular Session

Connecticut Senate Bill SB01100 Chaptered / Bill

Filed 06/05/2019

                     
 
 
Senate Bill No. 1100 
 
Public Act No. 19-14 
 
 
AN ACT CONCERNING "U PSKIRTING". 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 53a-189a of the general statutes is repealed and 
the following is substituted in lieu thereof (Effective October 1, 2019): 
(a) A person is guilty of voyeurism when, (1) with malice, such 
person knowingly photographs, films, videotapes or otherwise records 
the image of another person (A) without the knowledge and consent of 
such other person, (B) while such other person is not in plain view, and 
(C) under circumstances where such other person has a reasonable 
expectation of privacy, (2) with intent to arouse or satisfy the sexual 
desire of such person or any other person, such person knowingly 
photographs, films, videotapes or otherwise records the image of 
another person (A) without the knowledge and consent of such other 
person, (B) while such other person is not in plain view, and (C) under 
circumstances where such other person has a reasonable expectation of 
privacy, (3) with the intent to arouse or satisfy the sexual desire of such 
person, commits simple trespass, as provided in section 53a-110a, and 
observes, in other than a casual or cursory manner, another person (A) 
without the knowledge or consent of such other person, (B) while such 
other person is inside a dwelling, as defined in section 53a-100, and not 
in plain view, and (C) under circumstances where such other person  Senate Bill No. 1100 
 
Public Act No. 19-14 	2 of 2 
 
has a reasonable expectation of privacy, or (4) with intent to arouse or 
satisfy the sexual desire of such person or any other person, such 
person knowingly photographs, films, videotapes or otherwise records 
the genitals, pubic area or buttocks of another person or the 
undergarments or stockings that clothe the genitals, pubic area or 
buttocks of another person (A) without the knowledge and consent of 
such other person, [and] (B) while such genitals, pubic area, buttocks, 
undergarments or stockings are not in plain view, and (C) under 
circumstances where such other person has a reasonable expectation of 
privacy, whether such other person is or is not in a public place.  
(b) For purposes of this section, "in plain view" does not include any 
view that is achieved by photographing, filming, videotaping or 
otherwise recording under or around a person's clothing, and "public 
place" means public place, as defined in section 53a-186. 
[(b)] (c) Voyeurism is (1) a class D felony for a first offense, except as 
provided in subdivision (3) of this subsection, (2) a class C felony for 
any subsequent offense, and (3) a class C felony for a first offense when 
(A) such person has been previously convicted of an offense 
enumerated in subsection (f) of section 53a-29, or (B) the intended 
subject of the offense is a person under sixteen years of age. 
[(c)] (d) Notwithstanding the provisions of section 54-193, no person 
may be prosecuted for an offense under subdivision (1), (2) or (4) of 
subsection (a) of this section except within five years from the date of 
the offense, or within five years from the date the subject of the offense 
discovers the existence of the photograph, film, videotape or other 
recording that constitutes a violation of subdivision (1), (2) or (4) of 
subsection (a) of this section, whichever is later.